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Pitchess Motion

Motion to a California court requesting a police officer’s personal file to determine if there were past acts of excessive force, police brutality, or record falsification.

The Law Offices of Edward Misleh, APC is a Sacramento law firm, located in Sacramento, California that practices personal injury law including bodily harm resulting from driver’s negligence in an auto accident and property owner’s negligence for failure to maintain a safe premises. We represent clients in Sacramento, California and clients in Northern California with services they need and deserve when addressing injuries suffered from an auto accident or slip and fall due to another party’s negligence. Call now our Lawyer Hotline. We offer a free consultation and no upfront fees. We get paid only when we settle your case. Call now 916-443-1267 for your free consultation.

Pitchess Motion

A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer’s personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant’s arrest. The information provided will include prior incidents of use of force, allegations of excessive force, citizen complaints, and information gathered during the officer’s pre-employment background investigation. The motion’s name comes from the case Pitchess v. Superior Court.[1]

Our client was brutally-beaten by police officers and later charged with resisting arrest and vandalism to private property. To discover if the police officers had a “habit” or “practice” of using excessive force, we submitted a motion to the court requesting that the County of Sacramento provide a complete copy of the police officers’ personal file.

Due to privacy concerns and to protect law enforcement, California court are very hesitant to grant such a request. The firm was successful in the request and did review the police officer’s file which did include a past incident using excessive force.

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This disclaimer provides that any information provided on this website is strictly informational and should not be interpreted or considered as legal advice. If you have a legal concern, you should contact our office to speak with a licensed California Attorney. Delaying to contact an attorney could result in harm to your interests.